CITY OF Los ANGELES CALIFORNIA

Transcription

1 MICHAElLOGRANDE CI;IIEF ZONING ADMINISTRATOR ASSOCIATE ZONING ADMINISTRATORS PATRICIA BROWN R. NICOlAS BROWN SUE CHANG LARRY FRIEDMAN LOURDES GREEN ERIC RinER LINN K. WYATI MICHAEL S.Y. YOUNG MAYA E. ZAITZEVSKY CITY OF Los ANGELES CALIFORNIA ANTONIO R. VILLARAIGOSA MAYOR DEPARTMENT OF CITY PLANNING S. GAIL GOLDBERG, AICP DIRECTOR OFFICE OF ZONING ADMINISTRATION 200 N. SPRING STREET, 7'" FLOOR Los ANGELES, CA (213) FAX: (213) August 26, 2009 Chief Zoning Administrator (A) Office of Zoning Administration 200 North Spring Street, #763 Los Angeles, CA Ravinder Jit Singh (0) B&B Properties Delante Court Granada Hills, CA W. Douglas Weigand, Jr. (0) M. Godoy Trust Portenza Way Fontana, CA CASE NO. DIR 2009~0556(RV) IMPOSITION OF CONDITIONS 1955 South San Pedro Street Southeast Los Angeles Planning Area Zone M D. M A209 C.D. 9 CEQA ENV CE Legal Description: Fr. Lot 30, Parcels Subdivision of the John Thomas Tract Karamjot Corporation (Op) Wally's Liquor 1955 South San Pedro Street Los Angeles, CA Pursuant to Section of the Los Angeles Municipal Code, I hereby DETERMINE: as follows: that the operation of the liquor store known as Wally's Liquor Market, located at 1953, 1955, /2, 1957 and /2 South San Pedro Street is a public nuisance, and requires the modification of its operation to mitigate adverse impacts on persons and properties in the surrounding area, 1. The property owner shall file a Plan Approval application within 12 months of the effective date of this action to allow for a review of the effectiveness in implementing the Conditions established herein and to determine whether the public nuisance problems identified in the Findings section of this determination have been eliminated. A public hearing shall be conducted. Notice of the public hearing shall be mailed to all property owners and occupants located within 500 feet of the property. The owner shall submit evidence of compliance of each condition with the Plan Approval application. The Zoning Administrator conducting the hearing may add, AN EQUAL EMPLOYMENT OPPORTUNITY - AFFIRMATIVE ACTION EMPLOYER

2 CASE NO. DIR (RV) PAGE 2 modify or delete Conditions as determined appropriate. The Zoning Administrator may also require the discontinuance of the uses or any portion of the property or individual lease space if the applicable findings can be made. 2. The use of the property shall be conducted at all times with due regard for the character of the surrounding neighborhood. The right is reserved to the Zoning Administrator to impose additional corrective Conditions if such Conditions are proven necessary for the protection of the residents and business owners/operators as well as the property owners of the surrounding properties. 3. The operating hours of the market shall be limited to 7 a.m. to 11 p.m. daily. The business hours shall be posted at the entrance/exit door of the market. 4. Within 30 days from the effective date of this determination, electronic age verification device(s) which can be used to determine the age of any individual attempting to purchase alcoholic beverages or tobacco products shall be installed on the premises at each point-of-sale location. The device(s) shall be maintained in operational condition and all employees shall be instructed in their use prior to the sale of any alcoholic beverage or tobacco product. The owner/operator shall verify that patrons attempting to purchase alcohol are of legal drinking age by requiring identification from anyone appearing to be under the age of 35. [LAPD] 5. The business operator shall identify a contact person and provide a 24-hour "hot line" telephone number for any inquiries or complaints from the community regarding the subject facility. Within a one week from the effective date of this determination, the phone number shall be posted on the site so that is readily visible to any interested party. The hot line shall be: posted at the entry/exit and the cashier, responded to within 24-hours of any complaints/inquiries received on this hot line, and documented in a log and available for review by the Los Angeles Police Department and the Zoning Administrator upon request on when the calls were received, returned and the action taken at a minimum. Evidence that shows compliance with this condition shall be submitted with a Plan Approval application required in Condition No. 1 above. 6. The conditions of this determination, a copy of a business license, insurance information and an applicable Police permits shall be retained on the premises at all times and be immediately produced upon request of any Los Angeles Police officer, Department of Alcoholic Beverage Control investigator or other responsible agencies. The manager and all employees shall be knowledgeable of these Conditions. The conditions of this action shall be provided to and reviewed by employees. The employees shall be informed that any violations of the required conditions will result

3 CASE NO. DIR (RV) PAGE 3 in disciplinary action including termination of employment. Within 30 days from the effective date of this determination, evidence of compliance with this condition shall be submitted to the satisfaction of the Director of Planning. 7. Coin operated game machines, gambling machines, pool tables or similar game activities or equipment shall not be permitted. Official California State lottery games and machines are allowed. 8. There shall be grocery/general merchandise items such as milk, fruit, vegetables, water, juice, deli sandwiches and other non-alcoholic beverages available for purchase at the store. 9. Should there be a change in the ownership ofthe property/the restaurant and/orthe business operator, the property owner and the business owner/operator shall provide the prospective new property owner and the business owner/operator with a copy of the conditions of this action prior to the legal acquisition of the property and/or the business. Prior to the closing of escrow for a potential change in the ownership of the property/business owner or operator, evidence showing that a copy of this determination including the conditions required herewith has been provided to the prospective owner/operator, shall be submitted to the satisfaction of the Director of Planning. 10. The property owner, the business owner/operator shall keep the premises and any area adjacent to the premises over which he/she has control free of litter/debris, newspaper racks, benches, boxes or objects that encourage loitering. 11. Any graffiti painted or marked upon the premise or adjacent area under the control of the owner/operator shall be removed or painted over to match the color of the surface to which it is applied within 24 hours of its occurrence. 12. Within 45 days from the effective date of this determination, all personnel acting in the capacity of a manager of the premise and all personnel shall complete the STAR (Standardized Training for Alcohol Retailers) session sponsored by the Los Angeles Police Department. All employees shall attend follow-up STAR classes every 24 months. The STAR training shall be conducted for all new hires within 2 months of their employment. Within 60 days from the utilization of this grant, a list of employees, their hire date and written confirmation of their STAR training shall be submitted to the Zoning Administrator, and shall be retained on the premise at all times and be immediately produced upon request of any Los Angeles Police officer or Department of Alcoholic Beverage Control investigator. 13. A state-licensed and uniformed security guard shall be stationed at the exterior of the store to patrol the exterior of the site including the parking lot of the premises and the adjoining streets to discourage loitering, drinking in public and other nuisance activities on and around the property. The security guard shall patrol during the operating hours at all times. [LAPD]

4 CASE NO. DIR (RV) PAGE 4 The security guard shall, at a minimum, have the following qualifications and responsibilities: a. A State licensed security guard shall not have a criminal background. b. The guard shall not be the owner or have any association with the operation of the establishment. c. The guard shall be fluent in English and Spanish and will have clear instructions to enforce applicable conditions and uphold the law. d. The guard shall not follow, impede, obstruct or delay any law enforcement personnel conducting inspections or official business at the location. e. Along with normal security guard duties, the guard shall patrol the adjacent parking lot and sidewalk area to deter individuals from loitering and drinking on the premises. f. The guard shall not conduct any other activities while employed at the store other than those of a security guard which include checking identification and escorting undesirable patrons off the premises. The security guards shall maintain order and prevent activity that would interfere with the quiet enjoyment of the surrounding properties. The guard shall be responsible for preventing loitering and any criminal activity on and around the store including public drinking, littering, trespassing, transactions involving controlled substances, and other illegal and public nuisance activities. If unlawful activity inside and outside the store including in the parking lot and adjoining areas related to loitering, drinking alcoholic beverages, or illegal drugs is observed or reasonably assumed, then the guard(s) shall request such persons to leave the area. The guard shall request the assistance of the Los Angeles Police Department if, based upon the guard's training, the situation so warrants. g. The store owner/operator and security guard shall maintain a daily log of patrol activities in the bar, which shall include the following: Name of the security guard on duty Date and time for check-in and check-out for security duties Date, time and descriptions of any incidents that may occur in and around the bar during the security patrol Resolution of the incidents Within 30 days of the effective date of this action, the business operator shall provide a copy of the executed security contracts to the satisfaction of the Director of Planning. The contracts shall include the minimum security service requirements as required by the conditions of this determination. The security contract shall include the names of the security guards, their working hours and copies of their State guard licenses as well as a clearance of their criminal background from the LAPD.

5 CASE NO. DIR (RV) PAGE A video surveillance system shall be provided inside and on the exterior of the market to the satisfaction of the Los Angeles Police Department. Management shall routinely monitor the cameras and keep the video tapes/dvds for at least 15 days. Management shall immediately notify the LAPD when criminal activity is observed and shall keep and make available to the LAPD upon request any and all tapes, which indicate possible criminal activity. [LAPD] Signs indicating the use of a 24-hour video surveillance system shall be posted at the store entrance, in the parking lot and on the outside of the wall facing the adjoining alley and the street adjacent the premise. The signs shall state the following: WARNING THIS STORE (WALLY'S LIQUOR) IS UNDER 24-HOUR SURVEILLANCE BY THE STORE MANAGEMENT AND THE LOS ANGELES POLICE DEPARTMENT WITH A VIDEO SURVEILLANCE MONITORING SYSTEM. The sign(s) shall be at least 2 square feet with 2-inch block lettering. The sign(s) shall be in English and Spanish. Within 30 days from the effective date of this determination, the business owner/operator or property owner shall submit evidence that shows compliance with this condition including but not be limited to photographs of such a posting. 15. There shall be no loitering at the property, including in the parking lot, and no alcoholic beverages consumed on the property or any property adjacent to the premises under the control of the owner/operator. The operator shall not allow any patron to remain on the premises, including the parking lot, for more than 15 minutes. [LAPD] Signs shall be prominently posted in English, and the predominant language of the facility's clientele, if different, stating the following: "The California State law prohibits sale of alcoholic beverages to persons who are under 21 years of age." "No Loitering, No Public Drinking, No Trespassing and No Drugs" "It is a violation of 41.27(d)LAMC to possess any bottle, can, or other receptacle containing any alcoholic beverages, which had been open, or the seal is broken or the contents of which have been partially removed, on or adjacent to these premises." The outside store, the parking area, the areas adjacent to the subject site and under the applicant's control, shall be routinely patrolled by employees of the

6 CASE NO. DIR (RV) PAGE 6 store or security personnel to ensure that there is no loitering, no drinking alcoholic beverages in public, no illegal vending, and/or no patrons who harass pedestrians. Any problems associated with the store operation shall immediately be reported to the store manager/owner/operator who shall correct/remedy the problems. 16. Exterior lighting on the building shall be maintained and provide sufficient illumination of the immediate environment so as to render objects or persons clearly visible. Lighting in the parking area of the premises shall be directed in such a manner so as not to unreasonably illuminate the window area of nearby residences. [LAPD] 17. No individual cups commonly used for the drinking of beverages, nor individual servings of ice shall be sold or distributed. [LAPD] 18. Signs in English and Spanish, stating "DO NOT DRINK OR OPEN ANY DRINKS IN THE PARKING LOT, SIDEWALKS OR ANY OTHER PUBLIC AREAS" shall be posted at the cashier, at the exits and entrances of the premises, and in the parking lot. 19. No narcotic paraphernalia or related items shall be sold or distributed at the location. [LAPD] 20. No illegal vending shall be allowed on the property. [LAPD] 21. The owner/operator shall join and actively participate in the efforts of any local business neighborhood watch, and shall meet with Newton Vice Unit representatives of the Los Angeles Police Department on an as needed basis to receive appropriate training and information, regarding alcoholic beverage control laws and procedures. The first meeting with the LAPD shall be made within 30 days from the effective date of this action. The measures recommended by the LAPD to mitigate any nuisance activities associated with the store shall be complied with. [LAPD] Within 45 days from the effective date of this determination, evidence of compliance with this condition such as meeting venues and summary of the meeting etc, shall be submitted to the satisfaction of the Director of Planning. 22. The property owner shall reimburse the City of Los Angeles $3,194 and applicable surcharges, as set forth at Los Angeles Municipal Code Section P, within 30 days of the effective date of this determination. 23. Within 30 days of the effective date ofthis action, the property and business owners shall record a covenant acknowledging and agreeing to comply with all the terms and conditions established herein in the County Recorder's Office. The agreement (standard master covenant and agreement form CP-6770) shall run with the land and shall be binding on any subsequent owners, heirs or assigns. The agreement with the conditions attached must be submitted to the Zoning Administrator for approval before being recorded. After recordation, a certified copy bearing the

7 CASE NO. DIR (RV) PAGE 7 Recorder's number and date shall be provided to the Zoning Administrator for attachment to the subject case file. 24. The operation of the market shall strictly adhere to Department of Alcoholic Beverage Control laws and conditions, specifically BP (retail operating standards). [LAPD] Condition Nos. 25 and 26 required by the Police Department, with which the business owner/operator agreed to comply, shall be complied with. 25. Single cigarettes shall not be sold and shall be sold only in the manufacture packs. 26. The owner/operator shall not maintain any advertisement on the outside walls or windows of the location. Minimum signage should cover the window ofthe location, allowing direct view into the business. 27. The applicant shall defend, indemnify and hold harmless the City, its agents, officers, or employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void or annul this approval which action is brought within the applicable limitation period. The City shall promptly notify the applicant of any claim, action, or proceeding and the City shall cooperate fully in the defense. If the City fails to promptly notify the applicant of any claim action or proceeding, or if the City fails to cooperate fully in the defense, the applicant shall not thereafter be responsible to defend, indemnify, or hold harmless the City. TRANSFERABILITY This action runs with the land. In the event the property is to be sold, leased, rented or occupied by any person or corporation other than the current owner, it is incumbent that the owner advise them regarding the conditions of this action. VIOLATIONS OF THESE CONDITIONS IS A MISDEMEANOR It shall be unlawful to violate or fail to comply with any requirement or condition imposed by final. action of the Zoning Administrator, Board or Council. Such violation or failure to comply shall constitute a violation of Chapter 1 of the Municipal Code and shall be subject to the same penalties as any other violation of such Chapter. (Section of the Municipal Code). Every violation of this determination is punishable as a misdemeanor and shall be punishable by a fine of not more than $1,000 or by imprisonment in the county jail for a period of not more than six months, or by both such fine and imprisonment. (Section M of the Municipal Code)